pde/acmi utd 21/03/2012 euracom’s involvement in the...

REMINING-Lowex – FP 6 - Contract: TREN07/FP6EN/S07.70839/038639

PDe/ACMi UtD 21/03/2012

EURACOM’s involvement in the REMINING-LOWEX project

6

th Framework programme Research and Development of

the European Union

- Legal study on use of minewater for geothermal energy (deliverable 5.2)

- Inventory of mining sites where minewater can be used for geothermal energy (deliverable 7.1)

Europe Roundabout, Mining town of Liévin – Headquarters of the EURACOM secretariat (France)

2

REMINING-LOWEX project EURACOM is a partner of the REMINING-Lowex project, financed by the European Union – 6

th

Framework programme Research and development. The lead partner is the Consulting company Cauberg-Huygen (Netherlands). The project studies the possibility of using minewater for geothermal energy. For that purpose, research and development work is carried out and investment in pilot sites implemented in 4 European communities (Heerlen in the Netherlands, Czeladz in Poland, Burgas in Bulgaria and Zagorje in Slovenia). As a networking partner, EURACOM has to undertake a legal analysis on the use of mine water for geothermal purposes (deliverable 5.2) and an inventory of mining sites where minewater could be used for geothermal energy (deliverable 7.1) Two questionnaires were drawn up by the EURACOM secretariat in order to coordinate the work of these studies (see pages 3 and 4). Each national association, member of EURACOM, was invited to answer to these questionnaires and to present the first results during the scientific meeting from 13 to 15 May in Burgas (Bulgaria).

Contents - Questionnaire on legal aspects on the use of minewater for geothermal energy ................................................... 3

- Questionnaire on the inventory of mining sites relating to the sustainable development ........................................ 4

FRANCE................................................................................................................................................................... 5

- Legal study on use of minewater for geothermal energy ........................................................................................ 5

- Inventory of mining areas in relation to sustainable energy development .............................................................. 7

SPAIN..................................................................................................................................................................... 15

- Inventory of mining areas in relation to sustainable energy development ............................................................ 15

- Legal study on use of minewater for geothermal energy ...................................................................................... 18

HUNGARY ............................................................................................................................................................. 19



NETHERLANDS .................................................................................................................................................... 21



UNITED-KINGDOM ................................................................................................................................................ 24



SLOVENIA ............................................................................................................................................................. 34



BULGARIA ............................................................................................................................................................. 37



POLAND ................................................................................................................................................................ 42



- General conclusions and Impact on comparative law on sustainable development of mining areas ................... 57

- Information on countries which are not studied in this document ........................................................................ 57

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Questionnaire on legal aspects

REMINING-Lowex - 6th

Framework Research and Development Programme

WORK-PACKAGE 5 – LEGAL ASPECTS

TASK 5.6: Study on comparative law in different EU mining areas

Extract of the REMINING-Lowex contract: “It is expected that, despite the European efforts in harmonization, there will be differences in the various legal aspects in different countries with mining areas. Therefore a study on comparative law in different EU mining areas will be carried out. This study will be directed by EURACOM in the 12 EURACOM mining countries”.

QUESTIONNAIRE (to send back by 6 May): In order to answer to the task 5.6 of the REMINING-Lowex project, please fulfill in English the following questionnaire about the law concerning geothermal energy and the use of mine water in your country. 1500 words maximum NB: The results of the 5.6 survey will be used for a general review on the impact of legal issues and circumstances for use of minewater as renewable energy source in mining areas in Europe.

- Name of the country:

- 1. In your country, which legal rule(s) can be applied to the use of mine water for geothermal energy? Please indicate the precise references of the law(s).

- 2. What are the main clauses of this(ese) law(s):

2.1. concerning the economic development of geothermal field and/or mine water?

2.2. concerning the preservation of environment and particularly of water?

2.3. other?

- 3. Concerning the application of this(ese) law(s), what are the competences of:

3.1. The national authority?

3.2. The regional authority?

3.3. The local authority?

3.4. Other?

- 4. Who is liable in case of environmental damages caused by the use of mine water?

- 5. What are the sanctions incurred? (For example, financial sanctions, damages,…)

- 6. Are other law(s) being prepared in your country concerning the use of mine water?

- 7. Any other comments:

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Questionnaire on the inventory

REMINING-Lowex – 6th

Framework Research and Development Programme

WORK-PACKAGE 7 – NETWORK & DISSEMINATION

TASK 7.1: Inventory of mining areas in Europe

According to the REMINING-Lowex contract, “By using the work of EURACOM and Interreg IIIC RECORE a global inventory will be made of mining areas in Europe:

- Mines that are still open but nominated to be closed on short time - Mines that are going to be closed but with (possibility of) shaft still open - Closed mines with continuously pumping and draining to prevent areas from flooding - Mines ( in new EU countries) with dumping chemical/toxic waste - Inventory of possible building and retrofitting plans near mining areas.”

The national associations will be in charge of the dissemination of the results of the project to the relevant local authorities of their country.

QUESTIONNAIRE (to send back by 6 May 2009):

In order to answer to the task 7.1 of the REMINING-Lowex project, please fulfill in English the following questionnaire about the inventory of mining areas in your country.

- Name of the country:

- 1. Please indicate the mines with a (current or planned) project of use of mine water for geothermal energy. Please precise the region, the town, the mining zones, the concession, name of the person to contact, address, email…

- 2. Please indicate if there are mines that are still open but nominated to be closed on short time in your country. Please precise the region, the town, the mining zones, the concession, the date of the planned closure.

- 3. Please indicate if there are mines that are going to be closed but with (possibility of)

shaft still open. Please precise the region, the town, the mining zones, the concession, the date of the planned closure.

- 4. Are these shafts isolated or surrounded by buildings and are there retrofitting plans

prepared?

- 5. Please indicate closed mines with continuously pumping and draining to prevent areas from flooding.

- 6. Please indicate mines with dumping chemical/toxic waste.

NB: If available, you can provide maps with the location of the sites mentioned.

5

FRANCE by ACOM France

Legal study on use of minewater for geothermal energy

Applicable rules:

In general, there are two different sets of laws that may be applied, depending on the situation. Two different phases must therefore be distinguished:

- The drilling phase is governed by the Mining Code. The Mining Code is the body of law that regulates mining and post-mining activities. More precisely, its Articles 98 to 101 (Act no. 77-620 of 16 June 1977, which subjected geothermal deposits to mining regulations and Decree no. 78-498 of 28 March 1978, concerning licences for geothermal exploration and exploitation), are applicable. - As and when withdrawal of water is performed, the Environment Code becomes applicable. The Environment Code is the set of legal texts and regulations that governs the protection of the environment and natural resources. In particular, this is covered by Act no. 2006-1772 on water and aquatic environments of 30 December 2006.

In practice, French law classifies each type of activity very precisely, which means that the applicable laws can vary from one situation to another. In order to identify the applicable texts more precisely, distinction must be made between drilling, activities pertaining directly to water and geothermal deposits:

Drilling:

- Bore-holes less than 10 meters deep are not subject to regulation;

- bore-holes of a depth ranging between 10 and 100 meters must be declared to the relevant government department in accordance with Article 131 of the Mining Code;

- bore-holes deeper than 100 meters (or those with an energy output greater than 232 kilowatts) are considered to be low temperature geothermal operations as defined by Article 14 of Decree no.78-498 of 28 March 1978. They are therefore subject to exploration authorisations and operating permits issued by the Prefect in accordance with Articles 98 and 99 of the Mining Code.

Activities relating directly to water:

- Some activities must be declared or authorised according to the volume of water withdrawn. The nomenclature is defined by Article R. 214-1 of the Environment Code.

- The declaration and authorisation procedures are governed by articles R. 214-6 to R. 214-60 of the same code.

Geothermal deposits:

- High-temperature deposits (more than 150°C) are subject to the general mining regulations and therefore require, in accordance with sections II and III of the Mining Code, the issuance of an exclusive exploration permit by ministerial decree or a concession by decree;

- low-temperature geothermal deposits (less than 150°C) are governed by Articles 98 to 103 of the Mining Code and require a mining exploration or exploitation permit issued by the Prefect;

- finally, geothermal deposits of minimal size, in particular those for domestic use, are exempt from mining regulations in accordance with Article 17 of Decree no. 78-498 of 28 March 1978.

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Main clauses of these laws:

Economic development of geothermal energy and/or mine water: In practice; none of the legal provisions expressly aims at facilitating the development of geothermal energy. It should, however, be noted that there are financial incentives which have been given legal status. For instance; there are tax credits for the domestic use of geothermal energy. Furthermore, targeted objectives for the development of geothermal energy were set at what was called the “Environment Grenelle’. This was a multipartite debate held in 2007 and which brought together government officials and various civil society representatives. The outcome of the debate was a “Grenelle Act”, which set the target of producing 20 millions tonnes of oil equivalent (TOE) of extra renewable energy between now and 2020. Geothermal energy should account for 1.3 million TOE of this target. It also set a target with the same timeframe for 20% of the electricity produced in the overseas departments to be produced from geothermal energy. Environmental protection with particular focus on water: Depending on the works envisaged; they are either subject to a simple declaration or to a more rigorous prior authorisation procedure. This varies according to the depth of the bore-hole, the volume of withdrawal or the water temperature. For works subject to a simple declaration, the environmental risks are generally minimal. This is why the operator simply needs to inform the relevant government department of its activities. Governmental supervision is correspondingly limited. However, when works are subject to the authorisation procedure, governmental supervision is more involved. The operator is required to produce an assessment of the operations’ environmental impact. The Prefect can also impose on the operator any measures deemed necessary to protect the interests laid out in Article 79 of the Mining Code, including those relating to public health and the essential nature of the ambient environment.

With respect to the application of these laws, the competences of the different levels of government are as follows:

National government: Government departments supervise mining operations: they issue operating authorisations where necessary and ensure that the operator respects the regulations. They can also prescribe any measures deemed necessary and can require that studies are commissioned. In general, the national government performs this function through the intermediary of the Prefects’ offices. These can be the DRIRE (Regional Directorate for Industry, Research and the Environment) or the DDAF (Departmental Directorate for Agriculture and Forestry) depending on whether the activities concerned are governed by the Mining Code or the Environment Code. Regional authorities: The regional authorities have no regulatory powers. They can, however, provide incentives by providing direct or indirect subsidies for the development of geothermal energy. Local authorities: The local authorities and, first and foremost, the local councils concerned, are simply consulted by the government when an authorisation or exploration procedure is being carried out. The national government departments can decide whether or not to take their observations into account.

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Liability for environmental damage caused by the use of mine water:

Operators are held directly responsible for any environmental damage arising from the use of mine water, in particular water pollution. Liability can be civil, administrative and sometimes penal, depending on the circumstances.

Sanctions:

In most cases any sanctions will be administrative. When technically possible, the operator may also be obliged to restore the damaged site to its former state. When this is not possible, financial penalties may also be imposed. When water pollution harms an individual or an incorporated body (e.g. a fishermen’s association), the operator can be held civilly liable. Sanctions are then generally financial. Finally, the Environment Code makes provision for water pollution as an offence. In some, specific conditions the operator can be held criminally liable.

Forthcoming legislation:

No new legislation is being drafted that concerns the use of mine water for geothermal energy.

Inventory of mining areas in relation to sustainable energy development

List of the coal basins – France

• Nord Pas de Calais Basin • Lorraine Basin • Centre-Midi Basins:

- Montceau les Mines - Dauphiné - Cevennes - Hérault - Auvergne - Aveyron - Carmausin

Total: about 400 local authorities List of the mining towns members of ACOM France :

Name First Name Postcode Town

LAFAY Michel 03210 NOYANT D'ALLIER

OLIVIER François 03440 BUXIERES-LES-MINES

KNOCKAERT Jean-Marie 07110 CHASSIERS

DURAND Jean-Roger 07110 LARGENTIERE

OGIER Claude 07110 MONTREAL

BRAIL Max 11600 LASTOURS

DELAUR Gilles 11600 LIMOUSIS

GRABIANOWSKI Claude 11600 SALSIGNE

MONTECH Josette 11600 VILLANIERE

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MARTINEZ André 12110 AUBIN

LINOL Jean-Paul 12110 CRANSAC

DENOIT Jean-Louis 12110 VIVIEZ

REUILLES Jean 12300 DECAZEVILLE

LADRECH Jean-Pierre 12300 FIRMI

MAISONABE Jacques 12310 BERTHOLENE

DE VIDELLI Laurent 12630 AGEN-D'AVEYRON

MICHONSKA Didier 12630 MONTROZIER

SALE Albert 13124 PEYPIN

PIN Patrick 13720 BELCODENE

CANAL Jean-Louis 13790 ROUSSET

MAUREL Suzanne 13850 GREASQUE

PEROTTINO Serge 13950 CADOLIVE

GASNIER Jean-Marie 14420 POTIGNY

MARIE Jean-Luc 14420 SOUMONT-SAINT-QUENTIN

REY Alain 30110 BRANOUX-LES-TAILLADES

BALDIT Yves 30110 LAVAL PRADEL

BRIOUDES Georges 30110 LES-SALLES-DU-GARDON

MARROT Guy 30250 SAINT-MARTIN-DE-VALGALGUES

DUMAS Patrick 30410 MOLIERES-SUR-CEZE

ROUANET André 30440 SAINT-LAURENT-LE-MINIER

DOUSSIERE René 30530 PORTES

HILLAIRE Bernard 30960 SAINT-JEAN-DE-VALERISCLE

COSTE Bernard 34260 CAMPLONG

SAISI Francine 34260 GRAISSESSAC

CASSILI Yvan 34260 LE-BOUSQUET-D'ORB

FALIP Jean-Luc 34610 SAINT-GERVAIS-SUR-MARE

BONO Guy 34640 SAINT-ETIENNE-ESTRECHOUX

TOSCAN Michel 38350 PRUNIERES

BESCHI Serge 38770 LA-MOTTE-D'AVAILLANS

DUTOYA Guillaume 40320 PECORADE

SAUZEA Marie-Hélène 42230 ROCHE-LA-MOLIERE

DUPUIS Daniel 49780 NOYANT-LA-GRAVOYERE

EGELTHINGER Bernard 54110 COURBESSEAUX

BLAISE Robert 54110 DOMBASLE-SUR-MEURTHE

OGER Claude 54110 FLAINVAL

LEJEUNE Marie-Luce 54110 GELLENONCOURT

HERBE Christian 54110 HARAUCOURT

CHRETIEN Jean 54110 HUDIVILLER

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THIRY Philippe 54110 LENONCOURT

SCHLAUDER Françoise 54110 REMEREVILLE

BAZIN Thibault 54110 ROSIERES-AUX-SALINES

GRIDEL Monique 54110 SOMMERVILLER

BOURGEOIS René 54110 VARANGEVILLE

BERG André 54150 ANOUX

PALLOTA Bernard 54190 BREHAIN-LA-VILLE

PISSENEM Jean-Claude 54210 AZELOT

COLIN Daniel 54210 BURTHECOURT-AUX-CHENES

MOITRIER Michel 54210 COYVILLER

LE PERU Eric 54210 MANONCOURT-EN-VERMOIS

BINSINGER Luc 54210 SAINT-NICOLAS-DE-PORT

GUIMONT Henri-Philippe 54280 CHAMPENOUX

ODILLE Joël 54280 ERBEVILLER-SUR-AMEZULE

VISINE Gilbert 54280 LANEUVELOTTE

GLACET José 54280 MAZERULLES

BAZZARA Ennio 54280 MONCEL-SUR-SEILLE

HUSSON Bernard 54280 SORNEVILLE

BAROTTIN Etienne 54280 VELAINE-SOUS-AMANCE

MINELLA Jean-Pierre 54310 HOMECOURT

BOURDON Didier 54370 DROUVILLE

VOGIN Michel 54370 EINVILLE-AU-JARD

LEON Jean-Marc 54490 JOUDREVILLE

MARIUZZO Michel 54490 PIENNES

DESSEIN Jean-Pierre 54510 ART-SUR-MEURTHE

STACHOWIAK Simon 54640 TUCQUEGNIEUX

VIDILI Rémy 54660 MOUTIERS

MARCHAL Serge 54690 EULMONT

LAPOINTE Denis 54770 AGINCOURT

CHRISTOPHE Michel 54770 AMANCE

CHEVALIER Jacques 54770 BOUXIERES-AUX-CHENES

MATHEY Dominique 54770 DOMMARTIN-SOUS-AMANCE

POTTIER Philippe 54770 LAITRE-SOUS-AMANCE

MAFFEI Jean-Claude 54780 GIRAUMONT

PEDESINI Bruno 54960 MERCY-LE-BAS

CECCATO Marc 54970 LANDRES

BERNARDI Eric 55240 BOULIGNY

CAPUT Christophe 55240 DOMMARY-BARONCOURT

KLAMMERS Marcel 57118 SAINTE-MARIE-AUX-CHENES

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TARILLON Philippe 57190 FLORANGE

CERBAI Fabrice 57240 KNUTANGE

GORI René 57240 NILVANGE

SCHWEIZER Christian 57250 MOYEUVRE-PETITE

LEONARDI Gérard 57270 UCKANGE

LIEBGOTT Michel 57290 FAMECK

RENAUD Jean-Jacques 57290 SEREMANGE-ERZANGE

PERON Patrick 57440 ALGANGE

BRIER Marcelle 57440 ANGEVILLERS

FURLAN Jacques 57470 HOMBOURG-HAUT

WEBER Gilbert 57490 L'HOPITAL

MITTELBERGER Gérard 57540 PETITE-ROSSELLE

SCHUH Gilbert 57600 MORSBACH

FELLINGER Paul 57600 SCHOENECK

FERRERO Marc 57650 HAVANGE

ANDRE René 57650 LOMMERANGE

ALIVENTI Jacky 57655 BOULANGE

PRISCAL Daniel 57700 NEUFCHEF

GREINER Philippe 57700 RANGUEVAUX

DAVID Philippe 57701 HAYANGE

STAUB Claude 57730 FOLSCHVILLER

MATELIC Vincent 57780 ROSSELANGE

RAMSAIER Simone 57800 BENING-LES-SAINT-AVOLD

MARTIN Jean-Bernard 57800 COCHEREN

STEININGER Pierre 57800 ROSBRUCK

OBLET Georges 57840 OTTANGE

WALTER Jean-Claude 57855 SAINT-PRIVAT-LA-MONTAGNE

HALTER Marcel 57860 RONCOURT

MAREK Raymond 57880 GUERTING

THIEL Erwin 57890 DIESEN

MULLER Eddie 57890 PORCELETTE

LAURE Jacky 59124 ESCAUDAIN

PEYRAUD Jean-Jacques 59128 FLERS-EN-ESCREBIEUX

PIERRACHE Joël 59146 PECQUENCOURT

BIHET Jean-René 59156 LOURCHES

ANSELIN Robert 59162 OSTRICOURT

DUBRULLE José 59163 THIVENCELLE

GREVIN Gilles 59165 AUBERCHICOURT

DANCOINE Thierry 59167 LALLAING

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DELANNOY Frédéric 59171 HORNAING

DUBOIS Pierre 59176 ECAILLON

BRILLON Yves 59182 LOFFRE

COQUERELLE Jean-Luc 59182 MONTIGNY-EN-OSTREVENT

SZATNY Jean-Michel 59187 DECHY

LEBARGY Louis-Pascal 59221 BAUVIN

MASQUELEZ Armand 59239 THUMERIES

RUANT Jean-Marie 59261 WAHAGNIES

MENSION Alain 59283 RAIMBEAUCOURT

COURDAVAULT Lionel 59286 ROOST-WARENDIN

BRUNEEL Alain 59287 LEWARDE

BERNARD Pierre-Michel 59410 ANZIN

CHER René 59590 RAISMES

VAN-DER-

HOEVEN Serge 59690 VIEUX-CONDE

KACZMAREK Freddy 59950 AUBY

BEAUMONT Vincent 61450 LA-FERRIERE-AUX-ETANGS

BINAISSE Eugène 62110 HENIN BEAUMONT

DOBROWOLSKI François 62113 LABOURSE

COPIN Robert 62113 SAILLY-LABOURSE

WERY Jean-Luc 62114 SAINS-EN-GOHELLE

DEFRANCQ Patrick 62119 DOURGES

CLARISSE Jean 62138 AUCHY-LES-MINES

DELCROIX Daniel 62138 BILLY-BERCLAU

WALLET Frédéric 62138 HAISNES

STASZEWSKI Bernard 62141 EVIN-MALMAISON

HOCQ René 62151 BURBURE

ROBILLART Dominique 62153 ABLAIN-SAINT-NAZAIRE

LEFEBVRE Alain 62160 AIX-NOULETTE

LEMAIRE François 62160 BULLY-LES-MINES

CHAMPIRE Christian 62160 GRENAY

VISEUX Maurice 62172 BOUVIGNY-BOYEFFLES

VERLOO Francis 62199 GOSNAY

KRUSZKA Daniel 62218 LOISON-SOUS-LENS

KEMEL Philippe 62220 CARVIN

ROGER Alain 62221 NOYELLES-SOUS-LENS

COURTOIS Jean-Marie 62221 VENDIN-LEZ-BETHUNE

OGIEZ Gérard 62232 FOUQUEREUIL

FONTAINE Eugène 62260 CAUCHY-A-LA-TOUR

PRUNEAU Bernard 62300 ELEU-DIT-LEAUWETTE

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SAINT-ANDRE Stéphane 62400 BETHUNE

KUCHCINSKI André 62410 HULLUCH

MAILLARD Laurent 62410 MEURCHIN

DASSONVALLE Gérard 62410 WINGLES

TRONI Bruno 62420 BILLY-MONTIGNY

PEDOWSKI Christian 62430 SALLAUMINES

SEUX Danièle 62460 DIVION

DELCOURT André 62470 CALONNE-RICOUART

CARAMIAUX Jean-Marie 62530 HERSIN-COUPIGNY

COFFRE Marcel 62540 MARLES-LES-MINES

CORBISEZ Jean-Pierre 62590 OIGNIES

MINIOT Jacques 62620 MAISNIL-LES-RUITZ

YARD Bruno 62640 MONTIGNY-EN-GOHELLE

URBANIAK Bernard 62670 MAZINGARBE

BAUDE Bernard 62680 MERICOURT

MUSIAL Christian 62790 LEFOREST

SAN VICENTE Michèle 62880 ANNAY-SOUS-LENS

OGIEZ Bernard 62880 PONT-A-VENDIN

HIEL Didier 62880 VENDIN-LE-VIEIL

FOUCAULT Gérard 62940 HAILLICOURT

VENDEVILLE Ernest 62970 COURCELLES-LES-LENS

COPIN Léon 62980 NOYELLES-LES-VERMELLES

DEALET Jean-Marc 62980 VERMELLES

FAUVERGUE Michèle 63570 AUZAT-LA-COMBELLE

SIKORA Marie-

Thérèse 63700 SAINT-ELOY-LES-MINES

RAY Pierrette 63700 YOUX

BATTUT Gilles 63750 MESSEIX

LIGNIERES-

CASSO Martine 64000 PAU

SEMAVOINE Monique 64110 MAZERES-LEZONS

HABIB David 64130 MOURENX

MIRASSOU Jean-Claude 64150 ABIDOS

LAURIO Michel 64150 BESINGRAND

MARTIN Jean-Luc 64150 NOGUERES

TURPAIN Bernard 64150 OS-MARSILLON

LACABE René 64150 PARDIES

BERGERET-TERCQ Jean-Marie 64170 ARTIX

CAPDEVIELLE Denise 64170 CASTEIDE-CAMI

MARQUEHOSSE Christian 64170 CESCAU

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CABANNE Jean-Claude 64170 LABASTIDE-CEZERACQ

PIEDNOIR Yves 64170 LABASTIDE-MONREJEAU

REY Didier 64170 LACQ

DUCOS Gérard 64170 SERRES-SAINTE-MARIE

CAMGUILHEM Fernand 64170 VIELLENAVE-D'ARTHEZ

DOMBLIDES Pierre 64300 MONT

LECHIT Christian 64370 URDES

BIDEGARAY Barthélémy 64990 URCUIT

MARTINEZ Francis 66360 ESCARO

HEGENBACH Vincent 68120 RICHWILLER

HOME Antoine 68170 WITTENHEIM

MENSCH Jean-Claude 68190 UNGERSHEIM

SPIEGEL Jo 68262 KINGERSHEIM

HARTMEYER Philippe 68270 RUELISHEIM

RIESEMANN Denis 68310 WITTELSHEIM

BAUER Jean-Denis 68350 DIDENHEIM

CLAD André 68460 LUTTERBACH

JORDAN Fabian 68500 BERRWILLER

LASEK Richard 68540 BOLLWILLER

FELLY Bertrand 68540 FELDKIRCH

GOESTER Joseph 68720 ZILLISHEIM

MEHLEN Josiane 68790 MORSCHWILLER-LE-BAS

EICHER Jean-Claude 68840 PULVERSHEIM

PILARZ Stanislas 68850 STAFFELFELDEN

BOCKEL Jean-Marie 68948 MULHOUSE

LECONTE Alain 68950 REININGUE

PADILLA Thierry 69380 CHESSY-LES-MINES

BILLARDON André 71200 LE CREUSOT

HIPPOLYTE Jean-Marc 71200 SAINT-SERVIN-DU-BOIS

CALDERON Edith 71210 ECUISSES

VERNOCHET Jean-Yves 71210 MONTCHANIN

BALLOT Alain 71210 SAINT-EUSEBE

FICHET Roland 71210 TORCY

TONDOUX Jean-Yves 71230 POUILLOUX

PHILIBERT Alain 71230 SAINT-VALLIER

VALETTE Noël 71300 SAINT-BERAIN-SOUS-SANVIGNES

LAGRANGE Jean-Claude 71410 SANVIGNES-LES-MINES

SAUNIER Renée 71420 CIRY-LE-NOBLE

JAUNET Jean-François 71420 GENELARD

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MICHEL Claudius 71420 PERRECY-LES-FORGES

EMORINE Guy 71450 BLANZY

BAUMEL Philippe 71670 LE BREUIL

LUARD Jean-Paul 71710 LES BIZOTS

REY Michel 71710 MONTCENIS

CHANAUD Serge 81120 SAINT-LIEUX-LAFENASSE

HERNANDEZ Robert 81130 CAGNAC-LES-MINES

SOMEN Didier 81130 TAIX

CARAYON Patrick 81330 RAYSSAC

FABRE André 81400 BLAYE-LES-MINES

ENTRAYGUES Serge 81400 SAINT-BENOIT-DE-CARMAUX

VEDEL Christian 81450 LE GARRIC

GAU Jean-Louis 81490 NOAILHAC

JACOB Marie-

Thérèse 85240 FAYMOREAU

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SPAIN by ACOM Spain


Mines with a (current or planned) project of use of mine water for geothermal energy:

Pozo Barredo, Mieres, exploted by Hunosa Person to contact: Cesar Cordero, 0034985693052 [email protected]

Mines that are still open but nominated to be closed on short time:

All the mines that are open will be keep open: Alto Bierzo, S.A. Alto Bierzo (subterránea).

Alto Bierzo, S.A. Torre del Bierzo (subterráne) (1).

Alto Bierzo, S.A. Viloria (subterránea).

Alto Bierzo, S.A. Charcón (Cielo abierto).

Alto Bierzo, S.A. Rebollal y Pico (Cielo abierto)

Alto Bierzo, S.A. Alto Bierzo (Cielo abierto).

Carbonar, S.A. Única (subterránea).

Carbones de Arlanza, S.L. Única (subterránea).

Carbones de Linares, S.L. María Luisa (subterránea).

Carbones de Linares, S.L. Generalas (subterránea).

Carbones el Puerto, S.A. Única (subterránea).

Carbones San Isidro y María, S.L. Única (subterránea).

Cía Gral Minera de Teruel, S.A. Única (cielo abierto).

Coto Minero Cantábrico, S.A. (2). Cantábrico (subterránea).

Coto Minero Cantábrico, S.A. (2). Coto (subterránea).

Coto Minero Cantábrico, S.A. (2). Única (cielo abierto).

Empresa Carbonífera del Sur, S.A. Puertollano (cielo abierto).

Empresa Carbonífera del Sur, S.A. Peñarroya (cielo abierto).

Endesa Generación S.A. Única (cielo abierto).

Hijos de Baldomero García 3. Única (subterránea).

La Carbonífera del Ebro, S.A. Única (subterránea).

Minera del Bajo Segre, S.A. Única (subterránea).

S.A. Hullera Vasco Leonesa. Subterránea (5).

S.A. Hullera Vasco Leonesa. Cielo abierto (5).

S.A. Minera Catalano Aragonesa. Subterránea.

S.A. Minera Catalano Aragonesa. Cielo abierto.

Unión Minera del Norte, S.A. (5). Noroeste (subterránea).

Unión Minera del Norte, S.A. (5). Guardo (subterránea).

Unión Minera del Norte, S.A. (5). Única (cielo abierto).

Hulleras del Norte, S.A. Agrupación Caudal (subterránea).

Hulleras del Norte, S.A. Agrupación Nalón (subterránea).

Most of the shafts are isolated with the exception of those that belongs to Hulleras del Norte.

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Regions with open shafts:

- Bierzo-Villablino - Central Asturiana - Noroeste - Norte de León - Narcea - Pirenaica - Sabero-Guardo - Sur - Teruel-Mequinenza

Detail for regions and shafts: C.A (open pits), sub (subterranean)

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/bierzo-villablino-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/central-asturiana-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/noroeste-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/norte-de-leon-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/narcea-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/pirenaica-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/sabero-guardo-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/sur-ides-idweb.html

http://www.irmc.es/reestructuracion_mineria/cuencas_mineras/teruel-mequinenza-ides-idweb.html

18


The only rule that talks about subterranean water and specific “mine water” is RDL 1/2001 the 20

th of

June that approves the Water Law. - Article 57: 1.-The one that has the title of the mine exploitation, only can use the water for miner activities. 2.- If you have remaining water you must inform the authorities that decide the final use. - Article 109: 1.- The government will be the one that will set up the general condition for the reutilization of the water. 2.- For the reutilization you must ask for an administrative concession to the government.

Main clauses of this law:

The Law is a general law for water so the most important aspects that can be useful for the geothermal use are: - The use is a public use, so if you want to change the destination of the water you should ask for the public concession to the government. - The geothermal use is not contemplated in the regulation so the consequences could be unforeseeable The competences are those of the national Government.

Liability in case of environmental damages caused by the use of mine water:

The only case that the law describe is the contamination when you through contaminate water and the liable in that case is the enterprise that rules the mine in that moment.

19

HUNGARY By the municipality of Tatabanya


These questions were not relevant to the Hungarian coal and bauxit deep mines. There are only carstic water appearances which has only been utilised as drinking water source like in Tatabánya where it provides water supply for 300000 people. There have been no shafts used for dumping chemical/toxic waste in Hungary after closing the mines. There have been some signs of geothermal water outbreaks during research drills for cabro-hydrates.


I. Mining legal rules: XLVIII. Act of 1993 about mining (BT) 45/2008. (III.20) government regulation on the calculation of the specific value of mineral raw materials and geothermal energy and the determination of the method of value calculation Only geothermal energy is under its scope, the thermal water carrying it is not. It also introduces the concept of geothermal protecting profile without exact definition. The mining fee in case of geothermal energy is the 2% of produced geothermal energy. There is no need for paying mining fee after the quantity which is used over 50% of the produced geothermal energy. II. Water management: 123/1993 (VII.18) government regulation on the protection of water bases, prospective water bases mand the water facilities prociding drinking water LVII. Act of 1995. on water management Any activities connected to geothermal research, mining and energy use are under the scope of this regulation as well as they are connected to thermal water. 72/1996. (V.22.) government regulation about applying water management legal regulations. 43/1999 (XII.26) KHVM ministerial regulation on the calculation of water supply fee 10/2000 (VI. 2.) KÖM-EÜM-FVM-KHVM ministerial regulation on the threshold values necessary for protecting the quality of underground water anf the geological strata 219/2004 (VII.21) government regulation on the protection of underground water 220/2004 (VII.21) government regulation on the protection rules of surface water quality 221/2004 (VII.21) government regulation on the rules of water catchment area management III. Protection of environment: LIII. Act of 1995 on the general rules of the protection of environment. There are other acts in accordance with this act on mining and energy. IV. Electricity takeover LXXXVI. Act of 2007 on electric energy 56/2002 (XII.29) modified GKM ministerial regulation on determining the rules and the price of electric energy taken over on a compulsory basis. The national authority gives permissions (II. level) Regional authority gives permissions (I. level), and professional authorities Local authorities are professional authorities

20

It is the authorities giving permissions which are liable in case of environmental damages caused by the use of mine water Sanctioning possibilities: financial sanction, liability to assess and rehabilitate damage caused, withdrawal of permission There is a plan to prepare legal rules for activities connected to renewable (geothermal) energy. There is a constant effort to harmonise mining and water management legal regulations to cover he geothermal issues and to modify the present legal framework.

21

THE NETHERLANDS by the municipality of Heerlen



The former mines ON I en ON III are in use for the Minewaterproject. The use of other mines in the

South-Limburg mining area is subject to investigation, depending to the exploitationresults of the

Minewaterproject.

Mines that are still open but nominated to be closed on short time:

All Dutch mines have closed, the latest in 1974, and are sealed by 60 m1 of concrete. Former cole

concessions are listed below; drilling had been performed in the concessions wich are marked in grey.

date name city concessionaries peculiarity

28 January 1860 Willem Kerkrade Maatschappij Bergwerksvereeniging voor Nederland

8 februari 1861 Sophia Bocholtz, Simpelveld

Maatschappij Bergwerksvereeniging voor Nederland

2 juli 1923 Willem Sophia

Bocholtz, Simpelveld, Heerlen

Société Anonyme des Charbonnages Willem-Sophia

extension of concessions Willem and Sophia

9 september 1876

Laura Kerkrade, Nieuwenhagen, Eygelshoven

A.H. Wackers, G.A. Schümmer

18 februari 1877 Vereeniging Eygelshoven, Kerkrade, Nieuwenhagen, Ubach over Worms

Vereenigd Gezelschap voor Steenkolen-ontginning in het Wormdistrict

2 juli 1923 Laura en Vereeniging

Ubach over Worms

Société Anonyme des Charbonnages réunis Laura et Vereeniging

extension of concessions Laura and Vereeniging

28 april 1879 Carl Heerlen, Schaesberg, Nieuwenhagen, Kerkrade

R. Dach transition into ON

2 mei 1893 Oranje Nassau

Heerlen, Voerendaal, Hoensbroek, Schaesberg, Nieuwenhagen, Bocholtz, Simpelveld

H.L.C.H. Sarolea transition into ON

2 juli 1923 Carl en Oranje Nassau

Schaesberg, Nieuwenhagen

NV Maatschappij tot Exploitatie van Limburgsche Steenkolenmijnen, genaamd Oranje Nassau mijnen te Heerlen

extension of Carl and Oranje Nassau

22


Mininglaw (Mijnwet)

This law dates from the 31st October 2002 and replaces the Mijnwet 1903, which was an alteration on the Loi concernant les Mines, les Minières et les Carrières of the 21st April 1810. This last law in the French language in the Netherlands, signed by King Lodewijk Napoleon (the Brother of), is abandoned just a few years ago. The exploitation of geothermal heat, on a depth below 500 m, is licensed by the Mijnbouwwet (art. 1 sub b). The procedures and the application are embodied in the Mijnbouwregeling d.d. 16-12-2002, Stcrt. 245, Regelingnummer WJZ02063603 and in the Mijnbouwbesluit. This came into operation simultaneous with the Mijnbouwwet (31-10-2002, Stb. 542) as Stb. 604. For the exploitation of geothermal heat, below 500 m, an exploration licence from the Secretary of Economic Affairs is needed. This licence grants the exclusive right of exploring, for the area described in the permit, and gives a preference for the exploitation licence. Preliminary to deciding on the application, this is published and may be seen for 13 weeks. During this period others can apply too. The application is decided after expert knowledge is gathered. Within six weeks after the grant of the exploration licence, anybody is allowed to raise objections that have to be presented to the Secretary. After his second decision, objections can be raised at the The Hague Court en thereafter at the Afdeling bestuursrechtspraak Raad van State (High Admin. Court). The raise of objections doesn’t suspend the licence; the Voorzieningenrechter of the The Hague Court can demand this. For the drilling itself a “Mijnbouwmilieuvergunning” is required, issued by the Secretary of Economic Affairs. The licence sees on environmental aspects. Parts of the Wet Milieubeheer (Wm) are applicable to this. A separate licence based on the Wm is not required. The procedure is submitted to the regulations of § 3.5 of the Algemene Wet Bestuursrecht (Awb). Preliminary to deciding on the application, this is published and may be seen for 6 weeks. During this period anybody is allowed to raise objections. After this period the Secretary decides on the application. Only those persons who raised objections earlier can raise -within six weeks after the licence is granted- objections at the Afdeling bestuursrechtspraak Raad van State. The raise of objections doesn’t suspend the permit; it can be demanded by the Afdeling Bestuursrechtspraak. After the presence of geothermal heat is proved, the Secretary can issue an exploitation licence. The procedure is submitted to the regulations of § 3.5 of the Algemene Wet Bestuursrecht (Awb). Preliminary to deciding on the application, this is published and may be seen for 6 weeks. During this period anybody is allowed to raise objections. After this period the Secretary decides on the application. Within six weeks after the permit is granted, only those persons who raised objections earlier can raise at the Afdeling bestuursrechtspraak Raad van State. The raise of objections doesn’t suspend the permit; the Afdeling Bestuursrechtspraak can demand it. Besides an exploitation licence a licence according to the Wet Milieubeheer is needed for a permanent mining installation. Building needs a building licence and the use of the ground must be in accordance to the bestemmingsplan. Minerals are owned by the State. The ownership transfers to the mining company by exploitation. Geothermal heat is according to Dutch law not suitable for ownership. According to the former Mine legislation, the mine itself becomes the property of the mining company. This ends when the concession ends. According to the present Mine legislation the ownership of the mine remains with the State. Chapter 5 of the Mijnbouwwet provides rules for the tribute in case of exploitation of oil of gas. The mining company has to agree to a 40% chair in the oil- / gas revenue for the State. For

23

minerals and geothermal heat the tribute is determined in the licence, according to the expected profit. Therefore the tribute for geothermal heat is nil.


The one who exploits the water is liable.

Damages caused by purpose are subject to criminal law, which is enforced by financial sanctions and

imprisonment. Mostly one has to repair the damages. The licencing authority enforces this by financial

sanctions.

24

UNITED-KINGDOM by Alliance


Mines with a (current or planned) project of use of minewater for geothermal energy:

There are no firm plans to utilise water from coal mines for geothermal energy in the UK. The Coal Authority

1 is currently exploring the possibility of a small demonstration project at the Caphouse mining

museum. This is the national mining museum for England near Wakefield and the heat could be used in the buildings of the museum. It is a museum visited by over 130, 000 people per year and it would also help show case the merits of a geothermal scheme. However, this is in the very early stages of consideration. In the UK research into the use of minewater has largely been confined to remediation and its potential use a water resource, rather than for heat. Minewater (from former coal mines) in the United Kingdom is subject to a comprehensive nation-wide scheme for remediation. The main purpose of this national scheme is to prevent polluted water from entering surface water courses or migrating to aquifers used for drinking water. Minewater pumping stations were originally operated by the state coal producer (NCB/British Coal) to prevent water from shallow mines migrating to deeper operational mines. The attached appendix 1 – Minewater Remediation Programme gives the names of the individual schemes and locations in Scotland, Wales and England. The programme includes almost 180 schemes. These schemes are not necessarily located at mine shafts but at places where minewater enters surface water courses. There are, as of September 2008, 34 operational minewater schemes that are pumped/active, pumped passive or passive (see appendix 2). Minewater schemes that currently use pumps are clearly more likely to have potentially geothermal benefits. It should be borne in mind that coal deposits have been exploited and mined in the UK over many centuries. There are thousands of former workings. However, in 1947, at the time most of the industry was taken into state ownership, there were 958 principal deep mines. There were many other small licensed mines and a number of surface mine at that time also.

Mines that are still open but nominated to be closed in a short time: In 2008 there are 17 deep mines. These mines are all privately operated and any plans for the run-down or closure of these mines are not in the public domain. Unlike, for example, in Germany or France, there has never been any planned agreement for closure or restructuring of the coal industry. Projections for coal production at each of the operating mines are generally commercially confidential but the government has commissioned studies into reserves and future potential (IMCL 2002: Review of the Remaining Deep Mines within the UK: Mott MacDonald 2004: UK Coal Production Outlook 2004 - 16). The currently operational deep coal mines are:

Mine Location Type

1 The Coal Authority is a public organisation established by Parliament in 1994 to deal with liabilities

associated with coal mining after the privatisation of the industry.

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England

Daw Mill Warwickshire Principal deep mine

Kellingley Yorkshire Principal deep mine

Thoresby Nottinghamshire Principal deep mine

Welbeck Nottinghamshire Principal deep mine

Maltby Yorkshire Principal deep mine

Hatfield Yorkshire Principal deep mine

Harworth Nottinghamshire Mothballed

Haysroyd Yorkshire Small mine

Eckington Derbyshire Small mine

Monument Gloucestershire Very small mine

Cannop Drift Gloucestershire Very small mine

Wales

Unity Neath Port Talbot Small mine

Aberpergywm Neath Port Talbot Small mine

Gleision Neath Port Talbot Small mine

Nant Hir Neath Port Talbot Small mine

Blaentillery Torfaen Small mine

Black Barn Torfaen Small mine

(There are currently no operational deep mines in Scotland.)

Mines that are going to be closed but with (possibility of) shaft remaining open: The exhaustion and closure of the remaining mines is difficult to predict with any degree of accuracy because economic considerations are a major factor. The cost of production, the market and price of coal are all key issues when considering the potential for workbable reserves. As an extractive industry, closure of all the UK’s deep mines is of course an inevitable outcome. Only four principal collieries are expected to be in production in 2020 – Daw Mill, Kellingley, Thoresby and the recently re-opened Hatfield. Harworth could be returned to production and be expected to produce after 2020. Plans for other new deep mines exist such as Margam in South Wales or Canonbie in Scotland. However, the fundamental economics of coal as a world commodity would need to change if there is to be significant investment in new deep mines. The development of surface or opencast mines is commercially more attractive but environmental concerns, especially in areas of dense population, is a limiting factor. There is a potential use of these mines for geothermal minewater or other forms of energy production (methane etc). Long-term preservation of mine shafts and workings is costly. Such a course of action would require very clear potential benefits for either the state (for perhaps strategic energy reasons) or private operators. Long-term utilisation of UK coal reserves may depend on the successful development of coal bed methane and underground gasification technologies. To clarify, there are no specific plans to close collieries but the locations with regard to nearby uses for geothermal energy are as follows:

Daw Mill Colliery – isolated in a rural area

Kellingley Colliery – No immediately adjacent buildings. Residential and commercial properties approximately 2 kilometres to the west.

Thoresby Colliery – No adjacent buildings. Residential area (Edwinstowe) approx 1-2 kms west

Welbeck Colliery – Residential housing nearby

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Harworth Colliery (mothballed) – Industrial estate and residential area in relatively close proximity

Hatfield Colliery – Residential area nearby. There are plans to develop industrial and commercial activities and power station adjacent to the colliery.

Closed mines with continuously pumping and draining to prevent areas from flooding:

All the pumped schemes indicated in Appendix 2 have a role to prevent minewater from reaching levels where it threatens to ‘flood’ or migrate to sensitive locations that may affect drinking water aquifers etc. Appendix 1 lists the minewater remediation programme as a whole. A number of the schemes are planned as a precaution but not yet implemented. Major former coal mines on the list include (for example):

Barony; Bilston Glen; Longannet Drift etc - Scotland

Bersham; Blackwood; Gresford; Maerdy, Nantgarw etc - Wales

The whole of the Yorkshire block; Cadely Hill; Calverton; Coventry; Hem Heath; Leigh; Lynemouth; Selby; etc – England.

The precise consequences of the closure of many deep mines are not yet known. Scientific modelling and projections are an ongoing activity.

Mines with dumping chemical/toxic waste:

There are no former coal mines where dumping of chemical or toxic waste is permitted. Of course, this cannot entirely rule out the possibility. Appendix 1 COAL AUTHORITY MINEWATER REMEDIATION PROGRAMME (Up to 30 SEPT 2008)

SCOTLAND

Scheme Location

Barbauchlaw Burn Armadale, West Lothian

Barony Barony, East Ayrshire

Bilston Glen Midlothian

Blindwells East Lothian

Boghead Bathgate, West Lothian

Carmuirs Larbert, Falkirk

Chang Farm Cumnock. East Ayrshire

Cuthill Addywell, West Lothian

Douglas Rigside, South Lanarkshire

Dowhail, Girvan Dalmellington, South Ayrshire

Elginhaugh Dalkeith, Midlothian

Fauldhead Renfrewshire

Fauldhouse Sanquhar, Dumfries/S Lanarkshire

Fordell Castle Inverkeithing, Fife

Frances Kirkcaldy, Fife

Glenbuck, Muirkirk East Ayrshire

Glenburn Prestwick, South Ayrshire

Harwood W Calder, West Lothian

Kames, Muirkirk Muirkirk, East Ayrshire

Kinglassie Kinglassie, Fife

Lathallan Mill Cupar, Fife

27

Longannet Drift Longannet, Fife

Lugar Cumnock, East Ayrshire

Mains of Blairingone Clackmannanshire

Minto Lochgelly, Fife

Monktonhall Midlothian

Mouse Water, Forth Forth, South Lanarkshire

Muir Burn (Coalburn) Coalburn, South Lanarkshire

Old Fordell Dalkeith, Midlothian

Parsons Mill Auchterderran, Fife

Pennyvenie Dalmellington, South Ayrshire

Pitfirrane Dunfermline, Fife

Polkemmet Whitburn, West Lothian

Pool Farm Forth, South Lanarkshire

Preston Grange/West Pans Prestonpans, East Lothian

Rowantree Bonnybridge, Falkirk

Urquart Dunfermline, Fife

Vogrie 1 Gorebridge, Midlothian

Vogrie 2 Gorebridge, Midlothian

Walstone Muir Peniciuk, Midlothian

Wallyford/Ravenshaugh Wallyford, East Lothian

West Colquallly Auchterderran, Fife

Wilstown Bridge Forth, South Lanarkshire

Wales

Scheme Location

Abersychan/Cwm Sychan Pontypoll, Torfaen

Bersham Bersham/Hafod, Wrexham

Blackwood/Sunningdale Blackwood, Caerphilly

Blaenavon/Llwyd Blaenavon, Torfaen

Britannia Eastern Valleys(West), Caerphilly

Broughton Brook/Hawarden Connahs Quay, Flintshire

Corrwg Glyncorrwg, Neath Port Talbot

Corrwyg Fechan Glyncorrwg, Neath Port Talbot

Craig y Aber Pyle, Bridgend

Cwmgors Cwmgors, Neath Port Talbot

Dunvant Dunvant, Swansea

Garwed Brook Resolven, Neath Port Talbot

Glyncastle Resolven, Neath Port Talbot

Goytre Port Talbot

Gresford Gresford/Llay, Wrexham

Hopkinstown Pontypridd

Lindsay Capel Hendre, Carmarthenshire

Llynfi Bettws, Bridgend

Machen Caerphilly

MaerdyH/L&LL Res Maerdy. Rhondda Cynon Taff

Margam Park Margam, Neath Port Talbot

Morlais Llanelli, Carmarthenshire

Mountain Gate Capel Hendre, Carmarthenshire

N Gwynfi Blaengwynfi, Neath Port Talbot

Nant Ffrwd-oer SE Pontypoll, Torfaen

Nat y Fedw Creoserw, Neath Port Talbot

Nantffylon Nantffylon, Bridgend

Nantgarw Nantgarw, Rhondda Cynon Taff

North Celynen Newbridge, Caerphilly

Penrhiwfer Tonyrefail, Rhondda Cynon Taff

Pontllanfraith/Tram Road Pontllanfraith, Caerphilly

28

Pontlottyn Pontllanfraith, Caerphilly

Rhymney Hengoed/Tir y Berth Pontllanfraith, Caerphilly

Risca Eastern valleys (South), Caerphilly

Six Bells Abertillary, Blaenau Gwent

Taff Merthyr Bedlinog, Merthyr Tydfil

Tanygarn Ammanford, Carmarthenshire

Tawe trib Llechart Pontardawe, Neath Port Talbot

Trosnant Brook Pontypool, Torfaen

Ynysarwed Resolven, Neath Port Talbot

Ynyswen/Nant Orchy Treorchy, Rhondda Cynon Taff

Ynybwl y Ffrwd Ynyswl, Rhondd Cynon Taff

England

Scheme Location

Acomb Acomb, Northumberland

Alexandra Drift Flockton, Kirklees

Allerdean Mill 1 Berwick on Tweed

Allerdean Mill 2 Berwick on Tweed

Aspden Valley Blackburn

Aspull Sough Wigan

Bates Blyth, Northumberland

Blenkinsopp Haltwhistle, Northumberland

Yorkshire Block 1 Maltby, Sheffield

Yorkshire Block 1 Treeton, Sheffield

Yorkshire Block 2 Hatfield, Doncaster

Yorkshire Block 5 Redbrook, Barnsley

Yorkshire Block 5 Rotherham/Barnsley

Yorkshire Block 5 Worsborough, Barnsley

Yorkshire Block 3 & 4 Maltby, Rotherham

Yorkshire Block 4 & 5 Dearne Valley, Barnsley

Yorkshire Block 7 & 8 Wakefield

Bold Sutton Manor, St Helens

Bradley Brook Standish, Wigan

Bridgewater Canal Worsley, Salford

Bullhouse Langsett, Barnsley

Byron’s Drift Haltwhistle, Northumberland

Cadley Hill Cadley Hill, South Derbyshire

Calverton Calverton, Nottinghamshire

Caphouse Wakefield, Kirklees

Chatershaugh East of River Wear, Durham

Chell Heath Road Stoke on Trent

Chirm Northumberland

Claywheels Lane Sheffield

Clifton Hall (Agecroft) Agecroft, Lancashire

Clough Foot Todmorden

Collins Green Sutton Manor, St Helens

Coventry Coventry, Warwickshire

Craggs Moor Bacup, Calderdale

Cranberry Holes Dyke Langsett, Barnsley

East of Wear (Dawdon) East of River Wear, Durham

Deep UK Coal Mine North Nottinghamshire

Deerplay Burnley, Lancashire

Down Brook Ashton in Makerfield, Wigan

Dukes Level Burbage Buxton, Derbyshire

Edmondsley Edmondsley, Durham

Ewanrigg Maryport, Allerdale

29

Fender Chesterfield

Fennyfield Oldham

Garswood Garswood, St Helens

Great Clifton Workington, Cumbria

Hagwood Edmondsley, Durham

Hapton Valley Burnley, Lancashire

Harecastle Canal Stoke on Trent

Haydock South St Helens

Hem Heath Hem Heath/Florence, North Staffordshire

Hockery Brook Wigan

Horden East of River Wear, Durham

Horden 2 East of River Wear, Durham

Jackson Bridge Holmfirth, Kirklees

Jowkin Wood Heyworth, Lancashire

Kibblesworth/Chester South Moor Durham

Lambley Haltwhistle, Northumberland

Leigh Bickershaw/Parsonage, Lancashire

Limb Brook Sheffield

Lowlands Cockfield, Durham

Loxley Bottom Sheffield

Lynemouth Ellington, Northumberland

Moors Gorse Cannock Chase, Staffordshire

Oakthorpe Oakthorpe, South Derbyshire

Old Meadows Bacup, Rossendale

Oxcroft/Hartington North Nottinghamshire

Page Bank West of River Wear, Durham

Pemberton (Smithy Brook) Wigan

Sandhole Colliery Walkden, Salford

Selby Selby

Sheephouse Wood Stocksbridge, Sheffield

Shepley Dyke Shelley, Kirklees

Sherburn Hill East of River Wear, Durham

Silkstone Barnsley

Spittal Berwick on Tweed

Stoney Heap Consett, Durham

Summerley 1 Dronfield, Derbyshire

Summersales Wigan

Towneley Park Burnley, Lancashire

Unstone 1 Dronfield, Derbyshire

Valley Brook Kidsgrove, Staffordshire

Vinovium West of River Wear, Durham

Welch Whittle Chorley, Lancashire

Whittle Swarland, Northumberland

Wlliamthorpe New Shallow Site North Nottinghamshire

Woodside South Nottinghamshire

Woolley Darton, Barnsley

Wyrley Grove Cannock Chase, Staffordshire

(Please note: not all these schemes are operational or sited at mine shafts or mine entrances.) SOURCE: The Coal Authority Appendix 2 MINEWATER REMEDIATION – COMPLETED SCHEMES (September 2008)

Scheme Location Type

Scotland

Monktonhall Midlothian Pumped/Active

30

Polkemmet West Lothian Pumped/Active

Minto Fife Passive

Kames Ayrshire Passive

Mains of Blairingone Clackmannanshire Passive

Frances Fife Pumped Active

Cuthill West Lothian Pumped/Passive

Lathallan Mill Fife Passive

Pool farm Lanarkshire Passive

Mouse Water Lanarkshire Passive

Dalquharren Ayrshire Passive

England

Woolley Yorkshire Pumped/Passive

Bullhouse Yorkshire Pumped/Passive

Old Meadows Lancashire Pumped Active

Edmondsley Durham Pumped/Passive

Fender Derbyshire Pumped/Passive

Deerplay Lancashire Pumped/Passive

Silkstone Yorkshire Passive

Whittle Northumberland Pumped/Passive

Acomb Northumberland Pumped Active

Bates Northumberland Pumped/Passive

Caphouse Yorkshire Pumped/Passive

Bridgewater Lancashire Pumped/Passive

Aspull Slough Lancashire Pumped/Active

Horden Durham Pumped/Active

Blenkinsopp Northumberland Pumped Active

Hockery Brook Wigan Pumped/Passive

Lambley Farm Northumberland Pumped/Passive

Great Clifton Cumbria Pumped/Passive

Fennyfield Lancashire Passive

Wales

Gwynfi Neath Port Talbot Passive

Ynysarwed Neath Port Talbot Pumped/Active

Taff Merthyr Merthyr Tydfil Pumped/Passive

Six Bells Blaenau Gwent Pumped/Active

Blaenavon Torfaen Passive

Lindsay Carmarthenshire Pumped/Passive

Morlais Carmarthenshire Passive

Corrwg Neath Port Talbot Passive

Passive – Minewater discharges from source by gravity without pumping or chemical intervention.

Pumped/Passive – Minewater pumped from source and discharged to watercourse without chemical intervention.

Pumped/Active – Minewater pumped from source and treated by chemicals before discharge into watercourse.

SOURCE: The Coal Authority 2008

31


There are no specific plans for the use of minewater for geothermal energy in the UK. Consideration of the potential is ongoing for Caphouse in Yorkshire but very little has been progressed in terms of the legal implications. In the UK the water belongs to the Environment Agency (EA or SEPA in Scotland). This would suggest that an abstraction licence would be required from the EA. In order to access the water through a bore hole, for example, a permit or licence would be required from the Coal Authority. Development of extraction and use of water would be subject to a wide range of laws relating to the environment, public liability and health and safety etc. as in any operation of this kind. However the key legislation would be found in:

EU Water Framework Directive

Environmental Protection Act 1990

Water Resources Act 1991

The Anti-Pollution Works Regulations 1999

Control of Pollution (Applications, Appeals and Registers) Regulations 1996

Groundwater Regulations 1998

Water Act 2003

Proposed Mining Waste Directive

The Mines and Quarries Acts

Coal Industry Act 1994

Mines (Notice of Abandonment) Regulations 1998

Aspects of the Town and Country Planning regime (Please note that legal instruments in Scotland, although largely producing much the same legal outcome, are different to those of England and Wales.)

Main clauses of these laws:

Concerning the economic development of geothermal field and/or minewater: The economic development of any geothermal uses for minewater would mainly be covered by the Town and Country Planning regime (e.g. Town & Country Planning Act 1990). Potential operators have first to obtain a licence to use the water from the Environment Agency (or SEPA in Scotland) and then permission from the Coal Authority to access the mineworkings. Operators are then required to apply for planning permission from the Local Authority (Mineral Planning Authority – MPA). The Local Authority would take into account the location and potential impact of any such development in the context of its Unitary Development Plans or Local Plans. Concerning the preservation of environment and particularly of water: Most of the legislation with regard to minewater is environmental in nature. The following legal instruments are relevant - EU Water Framework Directive: Environmental Protection Act 1990: Water Resources Act 1991; The Anti-Pollution Works Regulations 1999; Control of Pollution (Applications, Appeals and Registers) Regulations 1996; Groundwater Regulations 1998; Water Act 2003; Proposed Mining Waste Directive. Other: Construction and operation of a geothermal minewater scheme would be subject to the usual legal framework of all workplaces e.g. Health and Safety at Work Act 1974; Employment Act; laws relating to finance and commerce etc.

32

These Acts are subject to regular amendment much of which is driven by changes in the relevant EU laws.

Concerning the application of these laws, the competences of: The national authority are: The UK Government has ultimate responsibility with regard to the legal framework and application of the laws governing commercial industrial processes. The main relevant departments are –

Department for Environment, Food and Rural Affairs (environmental issues)

Department for Communities and Local Government (planning issues)

Department for Business and Regulator Reform (business issues)

Department of Energy and Climate Change (energy policy issues) With specific regard to the potential future use of minewater for geothermal energy, the government agencies such as the Environment Agency (SEPA in Scotland) and the Coal Authority would be directly responsible on behalf of the government. The regional authority are: The regions of the UK (as defined by the EU – NUTS1) do not have equal status, therefore the competences are different. First of all, as result of devolution there is now a government in Scotland with some significant powers and one in Wales with somewhat less powers. Northern Ireland operates on yet a third model. The other NUTS 1 regions (North West, North West, Yorkshire & Humber, East Midlands, West Midlands, East, South East and South West) have no such levels of governance. London has its own slightly different arrangements as well. However, with regard to minewater and its uses only Scotland (and to a lesser extent Northern Ireland) have specific powers relating to planning and the environment which can be different and with different nomenclature. The local authority are: The Local Authority is a key building block in terms of the potential development and geothermal use of mine because it deals in practical terms with planning. However, again there are some complications because in England there is a two tier system. There are Unitary Local Authorities where all competences and responsibilities are taken on by one Authority. There are also Borough or District Authorities located within County Councils. Usually in this case, with regard to, for example, Minerals Planning, the County Council has the responsibility for developments in the extraction of minerals or associated bi-products (e.g.minewater). Other: The operating company.

Liability in case of environmental damages caused by the use of minewater:

The ‘rule of thumb’ with regard to any environmental damage is “the polluter pays.” However, as in all cases, it must first be established where the liability lies in each individual instance of damage occurring. In general the organisation the organisation/company operating a scheme would be expected to take the corporate responsibility.

Sanctions incurred:

The sanctions are prescribed in each piece of legislation and legal regulation with regard to breaches of the law. The penalties (fines) therefore vary a great deal depending on the nature, scale and severity of the environmental problem caused.

33

Law concerning the use of mine water in preparation:

All laws in the UK relating generally to the environment are subject to continuous scrutiny in the context of developments with EU law. Harmonisation of laws is often a slow and painstaking process. For example, the UK is still in the process of reviewing and amending all relevant aspects of law to comply with the EU Water Framework Directive which is all encompassing. In this context the EU Directive on the management of Waste from Extractive Industries is an ongoing issue for consideration at all levels of governance within the UK.

Other comments:

As indicated in the responses to the previous questions, minewater is currently treated in the UK entirely from an environmental viewpoint. The potentially beneficial use of minewater as a low-level energy source should present a ‘win – win’ opportunity with a positive environmental outcome. Pollution is prevented whilst at the same time energy is produced. Overwhelming support from governments for a low-carbon, “green” future would suggest any developments towards geo-thermal use of minewater would be enthusiastically welcomed and supported. The likelihood therefore is that the main barriers to such developments would be technical and economic (costs) rather than legal.

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SLOVENIA by the Regional Centre of Zasavje



Region: The Zasavje region,

Municipality: Zagorje ob Savi Mine: Brown coal mine Zagorje in liquidation The concession was owned by The mine in closure Director: Mr. Franc Stošicki, Grajska 2, 1410 Zagorje Mail: [email protected] The Zagorje mine in liquidation made some preliminary investment studies to exploitation of

thermal water for further usage for heating of residential buildings, connection to public heating system in Zagorje municipality, heating of sport facilities (tennis court, swim-pool) and production of fungi.

The thermal well is owned by the mine but they have no investment plans in the future regarding the exploitation of thermal water for heating…

Mines that are still open but nominated to be closed on short time: Region: The Posavje region Municipality: Krško, town Senovo Mine: Brown coal mine Senovo in closure The concession is owned by Brown coal mine in Senovo Director: Mr. Marjan Simončič, Titova cesta 106, 8281 Senovo The mine was closed in 2008, today it is in the process of liquidation with no employed workers. Probably it will be closed by the end 2009, but this is mostly depended on the state sources. The municipality got a very qualitative water source of drinking water. Region: The Zasavje region, Municipality: Trbovlje, Hrastnik Mine: Brown coal mine in Trbovlje - Hrastnik The concession is owned by Brown coal mine in Trbovlje - Hrastnik Director: Mr. Bojan Klenovšek, Trg revolucije 12, 1420 Trbovlje Mail: [email protected] The brown coal mine Trbovlje-Hrastnik will be closed until the 2015 with exploitation of coal for energetic usage until the 31th December 2009. The coal will be used for the electricity production in Thermal Power Plant Trbovlje.

Mines that are going to be closed but with (possibility of) shaft still open: Mines which are already closed or in the process of closure will be closed with no possibility of going on production. Before the liquidation is closed mines have to assure that sanitation of surface area took place with aim to bring it to original condition. After the condition is fulfilled these areas go under The Farmland and Forest Fund of The Republic of Slovenia. Municipality can apply for registration of these areas as its property. Normally it takes a lot of time for this operation. Now a new law is in process of which will shorten the procedures so municipalities could get land and areas for new investments. In Zagorje municipality all mining production zone has been demolished with exception of old shaft, old common bathroom for the miners and management building. Common bathroom will be used for network

mailto:[email protected]


35

business incubator. Old shaft has been preserved as museum. Surface areas which are in the possession of mine will be sold out.


Legal rules which can be applied to the use of mine water for geothermal energy are:

- The Mining Act (Slovene :Zakon o rudarstvu (ZRud)), published in Ur.l. RS, št. 56/1999 - Water Law (Slovene: Zakon o vodah (ZV-1)), published in Ur.l. RS, št. 67/2002 - Environment Protection Act (Slovene: Zakon o varstvu okolja (ZVO-1)), published in Ur.l. RS, št.

41/2004

Main clauses of this(ese) law(s):

concerning the economic development of geothermal field and/or mine water: The Mining Act regulates research, exploitation and management of mineral sources. The law regulates measures and conditions for implementation of mining work, environment protection and sanitation of effective area after the implementation of mining work is finished. The Act regulates distribution of concession for exploitation of mineral sources. Usage of thermal ground water, its pumping and further distribution is regulated by the Water Act which regulates management of water resources and their ground areas. Management of water resources includes protection, management and the usage of water resources. The act also regulates public good and public services in the field of water resources, water buildings and equipment. The main objective of the Water Act is keeping good condition of water and water connected ecosystems, preventing of harmful effects of water, regulation of of water resources amount and stimulation of sustainable usage of water resources. concerning the preservation of environment and particularly of water: The main principle regarding the preservation of environment and particularly water:

- Principle of integrity, which considers natural processes and dynamics of water and water and subwater ecosystems,

- long-term preservation of water quality and sustainable usage of water resources - principle of safety recruitments against harmful impacts of water resources - principle of economic evaluation of water which includes cost of burden, protection and regulation of

water resources, - principle of cooperation with civil society regarding acceptance of water operational plans - principles of best available technology used in the field of management of water resources

Concerning the application of this(ese) law(s), the competences of:

The national authority are: Management of water resources, water ground and waterside areas is in jurisdiction of the state. The state is responsible to vest the concession for the use of water resources. The regional authority are: Slovenia has no second level of authority The local authority are: The local authorities (municipalities) are responsible to adapt the local spatial development plans in a way for the use of water resources.


http://www.uradni-list.si/1/objava.jsp?urlid=199956&stevilka=2653



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The concessionaire has a responsibility to take measures for reducing the risk of damages caused by the use of mine water. So in case of damage the concessionaire is also responsible for the damage caused by use of mine water.

Sanctions incurred:

Financial sanctions are defined for legal persons, responsible persons of legal person and natural persons. In case of frequent breaking of concession contract this right can be taken away permanently. Concession contract can be broken up when:

- the concession tax is not paid, - if the concession contact is violated more then twice,

- the concessionaire do not dismiss defectiveness ordered by authorized person, - when the concessionaire is convicted for the acts against environment, spatial and natural resources.

Preparation of law concerning the use of mine water:

Since there are some gaps in the current Mining Act regarding the use of geothermal energetic resources, Slovenia is preparing new Mining Act which will probably be passed by the end of 2009.

37

BULGARIA by BAS Geological Institute



Cherno more mine (Pre-feasibility stage) – SE Bulgaria, Burgas Municipality, Cherno more mining village Kamer Ahmedov, Municipality of Burgas, Aleksandrovska str. 26, 8000 Бургас ecoprojects@obshtina–bourgas.org Klara Bojadgieva – Geological Institute, Bulgarian Academy of Sciences, Acad. G. Bonchev str. Bl.24, 1113 Sofia; [email protected]

Mines that are still open but nominated to be closed on short time: Structural reform in the coal sector has been almost completed in the country. Technical and biological recultivation of industrial sites and dumps is in progress.

Mines that are going to be closed but with (possibility of) shaft still open: The liquidation of mines has been carried out in accordance with the Safety Rules Regulations. All shafts were closed but access to them is possible through additional technical actions.

Surroundings of these shafts and retrofitting plans in preparation: Full information on the existing consumers will be available after completion the review of all closed mines. The preliminary studies indicate that vertical shafts and inclined galleries in the three liquidated mines - “Pirin”, “Pernik” and “Ivan Rusev” (SW Bulgaria) are located close to residential and public buildings. The vertical shafts in operating “Bobov dol” mine (“Babino” pit) (SW Bulgaria) is also located near to public buildings.

Closed mines with continuously pumping and draining to prevent areas from flooding

No mines on continuously pumping regime are currently available. Mine water from two mines is drained by gravity through the mine workings to the nearby rivers.

Mines with dumping chemical/toxic waste

No data for chemical/toxic waste dumping in coal mines is available.


Legal rules which can be applied to the use of mine water for geothermal energy are: Definition of waters is given in: Water Act, Chapter One, General dispositions, Article 3. Waters within the national territory shall comprehend: 1. the surface waters; 2. the groundwaters, including mineral waters; 3. the internal waters and the territorial sea;

mailto:ecoprojects@obshtina–bourgas.org


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4. the waters of the River Danube, the River Rezovska and the River Timok within the international borders of the Republic of Bulgaria. According to the Water Act the definition of “groundwaters” is: All waters located below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil; “Thermal waters” are defined in the legislation by the term “mineral waters”. Initially the definition of the term “mineral waters” stated in the Water act was: Natural pure underground waters in accessible for technical and economical activities hydrogeological space in the bowels of the Earth, which differ essentially and authentically from the considered regional standards for other ground waters by its soluble substance composition and its energy, and because of these features could be used in balneology, tourism and other economic fields. After the last amendment of the Water act, the definition has been replaced by: Groundwaters of the occurrences as listed in Annex 2 to Water Act, and in all other cases, those in respect whereof the Ministry of Health has issued a certificate and/or has conducted an integral hydrotherapeutic assessment, and/or the Ministry of Environment and Water has made an economic evaluation; (Annex 2 to the Water act contains a List of Mineral Water Occurrences Constituting Exclusive State Property. Mineral waters are of a temperature exceeding 20

oC).

“Mine water” is not specifically treated by the legislation. It belongs to category “ground waters” but is not clear whether could be considered mineral (thermal) in terms of the existing definition. Groundwater management is carried out according to the Water act. It includes the activities involving the use, protection and restoration of waters, as well as the activities involving protection against water-related damages and losses. Excerpts from the Water Act treating ground waters (incl.mineral waters) - Water Act, Chapter 1, General dispositions, Article 10. The state policy related to activities involving operation, construction, remodelling and modernization of water development systems and facilities shall be implemented by: 3. the Minister of Economy, Energy and Tourism: in respect of hydro power systems and projects; 4. the Minister of Environment and Water: in respect of abstraction facilities for mineral waters constituting public state property. - Water Act, Chapter 2, Section I, Article 11(3): The groundwaters, with the exception of mineral waters, regardless of whether located beneath the surface of land constituting state, municipal or private property are public state property. - Water act, Chapter 2, Article 14 (2) The following shall constitute exclusive state property: the mineral waters as listed according to Annex 2 hereto, which shall constitute an integral part of this Act.

- Water act, Chapter 2, Article 17 (1) Registration certificates on waters, water sites and water development facilities constituting state property shall be drawn in conformity with the requirements of the State Property Act. - Water Act, Chapter 2, Article 18 (1) Any waters, water sites and water development systems and facilities owned by a municipality shall constitute either public or private municipal property. - Water Act, Chapter 2, Article 19 (1) The following shall constitute public municipal property: 3. the mineral waters, with the exception of such referred to in Article 14 (2) - Water Act, Chapter 3, Article 43 (2) Individuals - owners or users of real property located within settlements and settlement formations are entitled to free water intake to 10 cubic meters per day for their own needs as well as in the cases of individual heating/cooling systems with a total installed capacity up to 50 kW, using for a primary energy source the energy of dry rocks and ground waters of temperature below 20

oC excluding mineral waters.

- Water Act, Chapter 4, Authorization regime - Water Act, Chapter 8, Protection of waters and water sites - Water Act, Chapter 10, Water management - Water Act, Chapter 11, Financial arrangements and economic regulation

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Additional information concerning mineral waters

Bulgaria has no specific legislation for geothermal energy. Regulations exist however for obtaining permits and concessions for ground waters exploitation, and there are guidelines in place for groundwater exploration. The following main laws govern the use of mineral waters for energy purposes: - Water Act - Concessions Act - Energy from Renewable Sources Act - Energy Efficiency Act - Energy Act - Territorial Structure Act The Water Act states that the sole right for the use of waters is owned fully by the State and may be delivered via concession only for mineral waters when the use is for bottling, energy generation and extraction of chemical elements and derivatives. Permits issued by the Minister of Environment and Water are required for state-owned thermal waters used for treatment, rehabilitation and prevention, swimming pools, thermal water supply for domestic, technical and industrial aims. The Concessions Act regulates the conditions and order for delivery of concessions. They are awarded on the basis of a tender and are issued for up to 35 years. The Consul of Ministers issues geothermal licensing. The Energy Act creates conditions for a sustainable development in the utilization of renewable energy sources, including production of electricity from renewable energy sources in the interests of environmental protection. A State Energy and Water Regulatory Commission (DKVR) is formed under this law to regulate energy-sector, water supply and sewerage activities. The Commission is an independent specialized state body which adopts the rules in trade electricity from renewable sources. The Energy from Renewable Sources Act states that electricity produced by renewable energy

sources or combined-heat power plants (CHP) may be purchased at a preferential price, which is

defined by regulations accepted by State Commission for Energy and Water Regulation (DKEVR)

under the Council of Ministers. Compulsory joining of renewable electricity producers to the national

distribution grid and fixing preferential energy purchasing prices is also introduced by this law.

The Energy Efficiency Law states that no license is required for electricity producers from renewables in case the installed capacity of the energy station is up to 5 MW. License for higher installed capacity is issued for a period of 35 years. The Territorial Structure Act states regulations for land use and construction of systems on RES.


concerning the economic development of geothermal field and/or mine water: - Energy from Renewable Sources Act, Chapter 4. Production of renewable energy, Article 17, Article 18 (3), Article 19 (1,3), Article 20 (1,2); - Water Act, Chapter 11, financial arrangements and economic regulation. concerning the preservation of environment and particularly of water: Water Act, Chapter 8. Protection of water and water objects, Article 118 a (7),(8) and (9). Article 119. Water Act, Chapter 12, Administrative penalty liability and civil liability


The national authority are: The water management is carried out at national level, regional and local level. By definition, mineral waters (exclusively state property) are the ones listed in the Annex №2 of the

Water Act. They are managed by the Ministry Council, Ministry of the Environment and Water (Water

40

Act, Chapter10), as well as by the Basin Directorates (Water act, Chapter 10) in compliance with the

Law on Concessions (2006).

To be able to get a permit for mineral water use, which is exclusively state property, it is necessary:

to gain concession from the Ministry Council in compliance with the Concessions Act and Water Act, valid for a maximum of 35 years and in the cases when the mineral water is going to be used for:

- bottling of mineral water and/or production of soft drinks using mineral water.

- extraction of chemicals, substances or derivates.

- production of geothermal energy from systems of installed capacity more than 5 MW

to obtain a 25 years period of water exploitation permit in compliance with the Water Act, in the cases when the mineral water is going to be used for one or more purposes, which are different from the ones required for concessions.

Water application for healing and prevention activities has the first priority in giving permits according to the Water Act. The regional authority are: Four Basin Directorates (Danube, Black sea, East Aegean Sea and West Aegean Sea) are formed under the Minister of Environment and Water to provide an integral water management at a basin (regional) level. The Basin Directorates are set up in conformity with the requirements of Water Frame Directive 60/2000 and national legislation concerning water management (Water Act). The Basin Directorates endorse the exploitable resources of groundwater bodies with the exception of mineral water occurrences. The local authority are: Mineral waters, which are public municipality property, are defined as waters from sources not listed in Appendix N2 of the Law on Waters. They are managed by the respective municipalities according to the Law on Public property.

To gain a right to run public property mineral waters one need to have won a municipality concession according to the Law on Concessions, valid for maximum of 35 years.

Other authorities are:

Organizations involved:

• Council of Ministers, Sofia

• Ministry of Environment and Waters, Sofia

• Ministry of Economy, Energy and Tourism, Sofia

• Ministry of Regional Development and Public Works

• Water Basin Directorates in the country:

Danube Basin Directorate – City of Pleven

Black sea Basin Directorate – City of Varna

East Aegean Directorate – City of Plovdiv

West Aegean Directorate – City of Blagoevgrad

Permits and regulations:

Set of documents for issuing permits are specified by the Water Act (Chapter Four,

Authorization scheme)

Tariffs for water use are fixed by the Ministry of Environment and Waters (MOEW).

Drilling activities are subject to agreement with the MOEW


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The regulations for water protection and territorial arrangement have to be observed according to the Water Act.

Sanctions incurred:

Water Act, Chapter 12, Administrative penalty liability and civil liability, Article 199.

Preparation of law concerning the use of mine water:

No

42

POLAND by Czeladz Council and the University of Silesia

Legal study on use of minewater for geothermal energy Introduction

The Czeladź Council is non-investment partner in the REMINING-LOWEX project. This project is co-financed by the European Commission under the 6th Framework Programme. The leader of this project is the consulting company Cauberg-Huygen Ingenieurs R.I. from Holland. The partners of this project are divided on investments - Holland and Slovenia and the non-investments partners – Poland and Bulgaria. One of the aims of the project is the analysis of legal aspects relating of using the mine-water as a source of renewable geothermal energy for heating and cooling of buildings in the EU countries. The body responsible for preparation of these data is EURACOM (project partner). It function is prepare full information, through other partners participating in the project, on subjects below: - legal aspects of using mine water as a source of geothermal energy, - inventory of mining areas in relation to energy development.

Legal rules which can be applied to the use of mine water for geothermal energy are:

The regulations, which can be applied in case of using the mine-water for heating or cooling buildings purposes can include the following: - Act of 27 April, 2001 - Environment Law - Act of 18 July, 2001 - Water Law - Act of 4 February, 1994 - Geological and Mining Law In some cases also: - Act of 10 April, 1997 - Energy Law


These acts do not constitute a complete list of which would apply to the use of mine-water in Poland. These acts will be applied first due to the nature of the operation. In other words, activities involving the use of mine water will take into account the legal aspects of tax law, but they apply to any business. The Act of Mining and Geological Law will be taken into account in case of drilling of boreholes for the purpose of obtaining energy from underground water for heating or cooling the buildings. In Accordance to Article 33, paragraph 4 “The project of geological work carried out in order to use the Earth's heat must be reported to the competent geological administration body”, thus, in case of use energy from mine-water by drilling boreholes, it be necessary to complete the project of geological work, submit a project and after implementation to prepare full documentation. In the case where thermal water can be used for heating then also apply the legal aspects related to mentioned Act. The meaning of the Act, the use of mine water with temperatures above 20 C must be treated as thermal water and require permission for use. However, mine water temperature in Czeladź does not exceed this temperature and therefore are not treated as thermal water. In accordance with Article 122 of Water Act should be noted that the use of groundwater, including mine water, there is a need to obtain water-legal permit. Access to mine-water supply for commercial is treated by the Legislature as in any other case, access to water and its use. Thus, the legalization of this process is to obtain water-legal permit in accordance with Article 122 § 1 and Article 37 § 1 of this Act. At the same time Legislature obliges to submit hydrogeological documentation. Authority authorized to issue water-legal permits, in accordance with Article 140 of the Water Law, is county office, in some cases, Marshall or the director of the regional Water Management Authority.

43

The water-legal permit determines the purpose and scope of water use, terms of project implementation, the obligations which result from necessity to protect the environment resources, population and economic interests. Detailed description of the this waterlegal permit is defined in Article 128 of the Water Law. According to Article 10 of the Act must be assumed that the mine water belong to the category of underground water and why they are public domain. Therefore, when their use is necessary to obtain a water-legal permit. General legislation on environmental protection in Poland are provided by the Environment Act (Articles 97-100). In accordance with Article 98 of the Act, underground water and groundwater recharge areas are protected in particular by: - decreasing the risk of water pollution by reducing their impacts on the groundwater recharge - maintaining a balance of water resources


In terms liability prescribed the Environmental Protection Law include three types this responsibility: civil, criminal and administrative . First of all, it is the responsibility associated with a damage as a result of environmental pollution, action, or inaction, by the business entity used mine water. First of all, it is important responsibility for the surface and water pollution. The issue of responsibility provided by the Environmental Protection Law is quite complex and its creation depends on the situation. The administrative authorities for environmental protection, in accordance with Article 376 of the Environment Protection Act, are: - Town clerk or president of the city - Starost, - Parliament of the Province, - Marshal of the Voivodeship - Voivode - Minister for the Environment - General Director of Environmental Protection - Regional Director of Environmental Protection The Energy Act will be apply in the case of use thermal energy generation or transmission. Then, in accordance with Article 32 of the Act is necessary to obtain a license for the production of heat or transfer. Obtaining a license does not require an business activities in heat if the amount of total power of the transmission or distribution heat, ordered by customers, does not exceed 5 MW. In accordance with Article 45 of the Act must be agreed upon the tariffs for electricity with the Energy Regulatory Office. Its competences and tasks are: issuance of the concessions, approval of tariffs, inflict a fines in case infringement of the Act in accordance with Article 56.


As a rule, in accordance with the general principles of responsibility, responsible in the event of environmental damage caused by mine water will be a direct offender of such damages, ie, that someone will be blamed for causing this damage.

Sanctions incurred:

The responsibilities described above, especially in the section on environmental law is not complete because in the case of environmental pollution may lead to an occurrence of criminal responsibility under the regulations the Criminal Law.

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Inventory of mining areas in relation to sustainable energy development In the analysis related to the situation of Polish mines, even the Polish partner of the project, i.e. Mine Restructuring Company Ltd. in Bytom has no knowledge about the future functioning of the mines and when a mines will be closed. This information would help to supplement the data concerning the inventory of mining areas in the EU. For this running task is responsible the organization unites national associations of mining communities in the area of the European Union - EURACOM, participating as the Czeladź Council as a partner of the project REMINING-LOWEX. Council Czeladź had addressed application to mining companies to provide information on data concerning: - active mines destined for closure in the short term, - mines destined for closure, but with the possibility of further shafts work, - abandoned mines, but with continuous work of pumping the mine water to avoid the risk of flooding of the surrounding areas and active mines, - mines, which stores chemical and toxic waste, - general scheme for buildings infrastructure located within the mine, or which plans to build or upgrade existing infrastructure. City Council received a negative response, where coal companies hiding behind state secrets did not provide any data. Therefore obtaining data on the possibility of potential geothermal energy located in mine water in each polish mines at this stage it is not possible. There are only approximate data of the abandoned mines where is possible of energy exploitation from mine water located in workings. Among these mines are:

1.Maja coal mine – located in Wodzisław Śląski in Silesia, currently closed

- Barbara-Chorzów coal mine - was established in 1970 from the merger of two mines “Chorzów” and “Barbara-Wyzwolenie”. Production in 1970 was 1976050 t and now is currently closed - Gliwice coal mine - located in Silesia, the beginnings of the mine dates from 1901 and its exploitation started in 1912. By 1945 the mine was called Gliwitzer Grube, and since 1945 Gliwice. In 2000 the mine was closed Gottwald coal mine - located in the district of Katowice - Dąb. Currently, the mine is Closed - Grodziec coal mine - located in the Grodziec (district of Będzin city). This mine is one of the four abandoned in this district. Previously, three other coal mines were closed: Barbara (founded in 1823), Maria (founded in 1894) and Bory (founded in 1917). - Jowisz coal mine, located in Wojkowice Komorne was built between 1907-1911 by the Saturn Society. Exploitation of coal was started in 1912 and finished in 2000 - Katowice coal mine - is located in the center of Katowice city, in the Bogucie district; it was operated from 1823 to 1999. By 1936 it was called Ferdynand. Currently closed - Kleofas coal mine located in the Katowice – the Załęże district. Currently the mine is in liquidation. Up to now it was a part of the Katowice Coal Holding - Miechowice coal mine is located in Bytom (Silesia). In 1993 in this mine was a strong earth tremor where six miners were killed. As part of the restructuring process in 1997 the mine was connected with the Bobrek mine under the name Bobrek- Miechowice. In 1991, the Bobrek-Miechowice mine was put into liquidation - Morcinek coking coal mine - located in Kaczyce (Cieszyn Silesia) was finally closed in 2002. It’s one of the youngest mines in Poland – nowadays is closed

45

- Moszczenica coal mine - is located in the district of the same name in Jastrzębie- Zdrój (Silesia). The mine was merged into Jas-Mos coal mine and in 2000 was closed - Niwka-Modrzejów coal mine located in Sosnowiec. In 1998 was decided to liquidate the mine, which finally closed in 1999 - Nowa Ruda coal mine located in the city of the same name in the Lower Silesian voivodship. The beginnings of the mine dates from 1781. In 1946 the mine was merged to Przygórze and Jan coal mines. In 1992 the mine was put into liquidation. Currently in the mine is open underground tourist route open to Paryż coal mine was founded over a hundred years ago in Dabrowa Górnicza by the merger of smaller two mines: Łabęcki and Nowa. It was closed in 1995 - Porąbka-Klimontów coal mine is located in Sosnowiec city and its beginnings dates from 1974 when the mine was called Czerwone Zagłębie. It was formed by the merger of two others mines: Klimontów and Mortimer. It was closed in 2000 Powstańców Śląskich (Bytom I) coal mine is located in Bytom in Silesia and was founded in 1975 by the merger of two mines Bytom and Radzionków. The mine was closed in 2004 - Rozbark coal mine located in Bytom (Rozbark district) is one of the oldest mine in Bytom. This mine was founded in 1870 and before the liquidation in 2004 operated as the Bytom II Mining PlantSaturn coal mine is located in Czeladź, in the northern part of Upper Silesian Industrial Region. Since 2004 he is in liquidation. In the future, on this mine area is planned to create a technology museum. Currently in former mine-buildings is modern art gallery - Siemianowice coal mine is located in Siemianowice Śląskie, in Silesia and its beginning dated from 1855 when owner of the mine was Karl Hugo Henckel von Donnersmarck. In 1945 the mine operated under the name Siemianowice until its liquidation - Siersza coal mine is located in place of the same name, in the county of Chrzanów, in the Małopolska province. Its beginnings dates from 1861 when it started a mine under the name Nowa Izabela. In 1884 was activated a new Artur shaft from which the mine was renamed. In 1947 was merged the mine Zbyszek under the common name Siersza. In 1951 it was merged with another – Krystyna in Tenczynek and finally in 1999 was closed - Sosnowiec coal mine is situated on the territory of the Sosnowiec city and was liquidated in 1997, after 140 years of existence - Wałbrzych coal mine is closed now and it was merged in 1964 by two mines: Bolesław Chrobry and Mieszko under the common name Wałbrzych. In 1998 it was closed - Zofiówka coal mine - is closed and is located in Górne Jastrzębie -Żory coal mine was closed during the restructuring process

46

The closed mines (a) and

still active (b) in Poland in 2011

based on: http://gornictwo.wnp.pl/kopalni

e

http://gornictwo.wnp.pl/kopalnie



47

Mine Restructuring Company Ltd. and Bytom Mine Restructuring Company Ltd. In Silesia are concerning with the liquidation of mines that have already finished exploitation. Since 2000 the liquidation of mines funded from the budget, is provided by only those companies. Before this date the liquidation of mines was provided by the individual mining corporations and governmental establishments. The form of acquisition of the mines liquidated by the Coal Mine Restructuring Company Legal issues related to the implementation program of coal mining reform in Poland, regulate the Act of 26 November 1998 on the adjustment of coal mining to functioning in a market economy and the specific ability and functions of mining communities (Journal of Laws No 162 of 30.12.1998, item 1112). In accordance with Article 13 of the Act, a company that leads the liquidation of mines and is engaged in development of estate of liquidated mines and creates new jobs, especially for employees of liquidated mines, will take over the mines put into total liquidation. According to Art. 43, paragraph 3 of the above Act, on the day of registration of a company, it acquires all the rights and duties of the liquidated mines, result from the act of civil law and the administrative decisions, including also those described in the geological and mining law. General characteristics of closed mines, which are owned by the Mine Restructuring Company Ltd. (based on the Monograph of Mine Restructuring Company Ltd., 2005) 1. Porąbka-Klimontów coal mine (Address: Szymanowskiego 1, 41-219 Sosnowiec)

Outline of the mining area and location of the mine-shafts General data about the mine: Mining area (square kilometer): 9 532 Resources: - balance (million tons) - 10.6 - industrial (million tons) - 5.3 - operative (million tons) - 3.6

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Natural hazards: - Water (degree) – I - Methane (category) - non-methane - Rockbursts (degree) – III - Dust (class) – B - Water inflow to the mine (cubic meter per minute) - 4.023 Basic data on shafts:

Basic technical data: coal extraction: - average tons per day: 2403 - thousand tons per year: 610.3 Total Employees: 1623 The reasons for the closure of mines: - exhaustion of resources, - negative economic results, - lack of conditions for stable profitability Important dates: - start of liquidation: 01.01.1998 - end of extraction: 31.12.1998 - end of liquidation: 31.12.2000 2. Sosnowiec coal mine (Address: Narutowicza 37, 41-200 Sosnowiec)

Outline of the mining area and location of the mine-shafts

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General data about the mine: Mining area (square kilometer): 20.4 Resources: - balance (million tons) – 9.0 - industrial (million tons) – 4.6 - operative (million tons) - 3.3 Natural hazards: - Water (degree) – I, II, III - Methane (category) - non-methane - Rockbursts (degree) – non - Dust (class) – A Water inflow to the mine (cubic meter per minute) – 11.0 Basic data on shafts:

Basic technical data: Coal extraction: - average tons per day: 1827 - thousand tons per year: 460.5 The reasons for the closure of mines: - exhaustion of resources, - negative economic results, - lack of conditions for stable profitability Important dates: - start of the liquidation:01.01.1992 - end of extraction:31.12.1997 - end of liquidation:31.12.1998

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3. Saturn coal mine (Address: Kościuszki 9, 41-253 Czeladź)


General data about the mine: Mining area (square kilometer): 29.09 Resources: - geological (million tons) – 105.9 Natural hazards: - Water (degree) – I, II - Methane (category) - non-methane - Rockbursts (degree) – none - Dust (class) – B - Water inflow to the mine (cubic meter per minute): 29-35 Basic data on shafts:

Basic technical data: coal extraction: - average tons per day: 1827 - thousand tons per year: 460.5 The reasons for the closure of mines: - exhaustion of resources, - negative economic results, - lack of conditions for stable profitability

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Important dates: - start of liquidation: 01.01.1992 - end of extraction: 31.12.1997 - end of liquidation: 31.12.1998 4. Żory coal mine (Address: Gwarków 1, 44-240 Żory)


General data about the mine: Mining area (square kilometer): 16.7 Resources: - balance (million tons) – 0.0 - geological (million tons) – 425 771 Natural hazards: - Water (degree) – I, II - Methane (category) – III, IV - Rockbursts (degree) – none - Dust (class) – B - Water inflow to the mine (liter per minute) – 65 Basic data on shafts:

Basic technical data: coal extraction: - average tons per day: 1384 - thousand tons per year: 415.3 Total Employees: 703 Important dates: - start of liquidation: 01.09.1992 - end of extraction: 31.10.1996 - end of liquidation: 31.12.1999

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5. Jan Kanty coal mine (Address:Grunwaldzka, 43-603 Jaworzno)


General information about mine: Mining area (square kilometer): 30.9 Resources: - balance (million tons): 315 311 - industrial (million tons): 130 315 - operative (million tons):11 383 Natural hazards: - Water (degree) - III - Methane (category) – non-methane - Rockbursts (degree) – none - Dust (class) – A Water inflow to the mine (cubic meter per minute): 34.05 Basic data on shafts:

Basic technical data: coal extraction: - average tons per day: 1045 - thousand tons per year: 313.7 The reasons for the closure of mines: - exhaustion of resources, - negative economic results, - lack of conditions for stable profitability Important dates: - start of liquidation: 01.01.2000 - end of extraction: 31.07.2000 - end of liquidation: 30.06.2002

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6. Nowa Ruda coal mine (Address: Kłodzka 27, 57-440 Nowa Ruda)


General data about the mine - Słupiec area: Mining area (square kilometer): 24.08 Resources: - balance (million tons) – 20.0 - industrial (million tons) – 4.0 - operative (million tons) – 1.9 Natural hazards: - Water (degree) – I - Methane (category) - II - Rockbursts (degree) – none - Dust (class) – B - Water inflow to the mine (cubic meter per minute) – 2.7 – 3.5 Basic data on shafts:

Basic technical data: coal extraction: - average tons per day: 1600 - thousand tons per year: 384 Total Employees: 1623 The reasons for the closure of mines: - exhaustion of resources, - negative economic results, - lack of conditions for stable profitability

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Important dates: - start of liquidation: 01.04.1992 - end of extraction: 31.01.2000 end of liquidation: 31.12.2002 7. Wałbrzyskie coal mines (Address: Beethovena 1, 58-300 Wałbrzych) These mines merged in April 1993 three mines Wałbrzych, Victoria and Thorez


General data about Wałbrzyskie mine areas: Gaj, Podgórze, Kuźnice, Biały Kamień Mining area (square kilometer): - Wałbrzych (Gaj,Podgórze) 27.72 - Victoria (Kuźnice): 38.80 - Thorez (Biały Kamień) 27.16 Total Wałbrzyskie Mines: 93.68 Resources: balance(million tons) - Wałbrzych: 16.3 - Victoria: 200.0 - Thorez: 7.0 Total Wałbrzyskie Mines: 223.3 Natural hazards: Water (degree) - Wałbrzych I i II - Victoria I i II - Thorez I i II Methane (category): - Wałbrzych I – IV - Victoria I – IV - Thorez I – IV Rockbursts (degree) – none Dust(class): - Wałbrzych B - Victoria B - Thorez B Water inflow to the mine (cubic meter per minute)Wałbrzych 9.0 - Victoria 5.2 - Thorez 9.7 Total Wałbrzyskie Mines: 23.9

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Basic data on shafts: Wałbrzych mine

Basic technical data about Wałbrzyskie Mines: coal extraction (average tons per day): - 2310 in 1993 - 1653 in 1994 - 396 in 1996 thousand tons per year: 693 in 1993 - 496 in 1994 - 119 in 1996 Total Employees in Wałbrzyskie Mines: - 5811 in 1993 - 3241 in 1994

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- 595 in 1996 The reasons for the closure of mines: - exhaustion of resources, - negative economic results, - lack of conditions for stable profitability Important dates: - start of liquidation: 01.01.1991 - end of extraction: 31.10.1996 - end of liquidation: 30.09.2003 The other mines taken over by the Mine Restructuring Company Ltd. were liquidated and the terms of the start of liquidation, the end of extraction and total production and the end of liquidation are presented below in the table.

In these mines activities are carried out in accordance with the Minister of Economy, Labour and Social Policy of 28 January 2004 on the financing of mines (Official Gazette No.18 of 2004, page171). In the 15 liquidated mines that are owned by SRK were liquidated more than 44 thousand of shafts, approximately 1300 km of tunnels, 1,700 surface objects and was reclaimed 510 hectares of mining areas.

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General conclusions and Impact on comparative law on sustainable development of mining areas:

No specific law relating to the minewater exists

Juxtaposition of applicable laws (Mining law, water law and planning area law)

The decision-making level for the licence is the national administration

Information on countries which are not studied in this document All EURACOM members have been invited to answer to these questionnaires. GERMANY: The German member said it was impossible for his organisation to get the requested information. CZECH REPUBLIC: The Czech member specified that he had no expertise in the questions asked.

pde/acmi utd 21/03/2012 euracom’s involvement in the...

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